Kenya’s long search for the ‘perfect’ system

Kenyans are once again caught up in the midst of constitutional reforms debate, with the political class torn between a presidential and parliamentary democracy.

As the country waits for the final Building Bridges Initiative (BBI) report on proposed constitutional changes, the political elite is already engaged in an early reforms debate.

While some leaders and citizens feel the current presidential system has had its fair share of challenges and should be changed, another group still prefers the status quo or adopting a hybrid system that fuses both presidential and parliamentary governance systems.

According to Otiende Amollo, the National Assembly Justice and Legal Affairs Committee vice chair, the discussions are good and expressly set the stage for a possible rationalisation of new ideas.

“For 57 years since independence, this is a long period enough to rethink our administrative system and go for what best can work for us. We therefore need a sober debate on the impending BBI reforms,” Amollo says.

He is optimistic that the political overtones to address the sensitive topic such as the proposed change in the structure of the Executive will be amicably resolved by consensus.

“The expansion of the structure of the Executive will no doubt create a power balance and as well bring stability across the regions,” the Rarieda MP said.

MPs Junet Mohamed (Suna West) and Jared Okello (Nyando) have varied opinions on the current presidential system.

“Kenya is a constitutional democracy. Each general election cycle, leaders must face the people at the ballot. There is no automatic successor to the presidency.

“We must go to the ballot,” Junet says.

Those who propose the parliamentary system argue that if adopted, it will strengthen parliamentary democracy.

The Constitution currently confers vast powers on the president, including the power to appoint top military chief, Chief Justice and judges, the Attorney General, the Cabinet and the Auditor General.

In a TV interview last week, Justin Muturi, the National Assembly Speaker, told Kenyans they should begin thinking of how they can tinker again with the Constitution.

“Article 152 of the Constitution is very clear, we can tinker with it and amend the Executive clause and powers thereto in Parliament without necessarily going for a referendum,” Muturi said.

Hybrid system

He proposed a hybrid system of governance, saying it will reduce tension among the top executives and create national harmony.

“It will create wide dispersal of power, as opposed to power vested in one institution, which in essence defies the doctrine of separation of powers,” Muturi said.

Amani National Congress (ANC) leader Musalia Mudavadi however says creating many centres of power will not be healthy for Kenyans and they should just make minimal changes.

Kericho Senator Aaron Cheruiyot says the proposed expansion of the Executive could only end up benefiting top tribes in Kenya.

“It will benefit the Kikuyu, Luos, Kamba, Kalenjins and the Coastal people. We must weigh in on the repercussions,” he says, while his Elgeyo Marakwet Senator Kipchumba Murkomen says the idea is a “rushed decision.”

The senators are of the opinion that the government should expend more energy in stabilising the economy rather than passing “new laws often.”

Murkomen says the drafters of the Constitution have made the Office of the Deputy President very unattractive.